New Form I-9
On July 25, 2023, USCIS introduced a new version of the Form I-9, Employment Eligibility Verification in the Federal Register. The revised Form I-9 will be officially published at https://www.uscis.gov/i-9 starting on August 1. Employers can begin use of the new form on August 1; however, employers may continue to use the 2019 version of the form through October 31. Beginning November 1, employers must use only the new Form I-9 dated August 1, 2023.
The Revised Form I-9:
- Reduces Sections 1 and 2 to a single-sided sheet;
- Is designed to be a fillable form on tablets and mobile devices;
- Moves the Section 1 Preparer/Translator Certification area to a separate, standalone supplement that employers can provide to employees when necessary;
- Moves Section 3, Reverification and Rehire, to a standalone supplement that employers can print if or when rehire occurs or reverification is required;
- Revises the Lists of Acceptable Documents page to include some acceptable receipts as well as guidance and links to information on automatic extensions of employment authorization documentation; and
- Reduces Form instructions from 15 pages to 8 pages.
Final Rule on Alternative Procedure to Remotely Examine Form I-9 Documents
Also on July 25, DHS issued a final rule that authorized the Secretary of Homeland Security to announce an alternative procedure in the Federal Register that allows E-Verify employers, including those using Web services, to remotely examine Form I-9 documents provided they follow certain annotation and retention steps. The revised Form I-9 includes a checkbox allowing employers to indicate they examined Form I-9 documentation remotely under a DHS-authorized alternative procedure rather than via physical examination.
At this time, the alternative procedure, which allows employers to examine documents via a live video session, is available only to qualified employers, meaning those employers who are participants in good standing, in E-Verify. A participant in good standing in E-Verify is an employer that has enrolled in E-Verify with respect to all hiring sites in the United States that use the alternative procedure; is in compliance with all requirements of the E-Verify program, including but not limited to verifying the employment eligibility of newly hired employees in the United States; and continues to be a participant in good standing in E-Verify at any time during which the employer uses the alternative procedure. Additional requirements apply, so you are strongly encouraged to read the entire rule and confer with counsel to ensure you meet eligibility requirements.
Should you wish to review the electronic remote I-9 process offered by Frasco® Profiles, please contact your Customer Service Representative, or email us at firstname.lastname@example.org.
Frasco® Profiles is NOT a law firm. The information contained in this post is for general informational purposes only. We are not providing legal advice and strongly recommend consulting your legal resources before taking any action.